QUESTION

I want to default on my mortgage in Illinois. I owe $252,000 on a home valued at $180k to $200k. We tried but cannot afford the $3000/mo mortgage.

Asked on Jul 01st, 2012 on Foreclosures - Illinois
More details to this question:
Since we originally bought the home in 2007, my wife and I had to find new jobs with less pay due to layoffs. Medical problems also came up a few years ago so medical bills piling up. We found similar houses for rent that are half our mortgage payment in better areas. We have tried to work it out with our lenders in the past (our mortgage transferred several times the past four years) such as filling out an application to modify our loan...we were denied. We were also told that they only help homeowners who are already late on their payments. We are tired on the monstrous payment on a home that has lost $100,000 in value when I originally purchased it for $300,000. To us, it is better to go into a rental home until our credit recovers and then purchase another home in 7 years with a lower payment. If we stay here, we will be in the same situation we are now.
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1 ANSWER

Your problem is clear, but the resolution is not. It may be that you can stay in the property, cease making payments, have a foreclosure filed, and then sell the home via short sale.  It may be that, based on the medical debts and recent work issues, a bankruptcy may be a viable option.  This would avoid any deficiency (or tax consequences), allow you to reside in the property until the conclusion of any foreclosure.  There may be an option to modify as well as short sale options and a deed back to the bank. While relocation is an option, unless the lender accepts a deed in lieu of foreclosure, the property will need to proceed through foreclosure before title is transferred.  Your vacating would, therefore, not reduce your obligation on the loan and may have consequences with association dues, yard maintenance and the like.  Additionally, you would be paying money to live outside of a home for which no mortgage payment would be made.  With finances being constrained, this may not be the best option for your household. The suggestion is for you to assemble all of your financial information and meet with an attorney that is experienced in both foreclosure and bankruptcy.  You may find that a "fresh start" via bankruptcy would be your best option.  It may be that would be an option at a later date.  Other options, such as deeding the property back to the lender (i.e. a deed in lieu of foreclosure)  or seeking a sale via a realtor could be reviewed. In short, you would gain the legal information you need to make a knowing and informed decision that best serves you and your family.  There are a number of different potential solutions to your situation.  The key is to determine which is the best for you personally.   For any such decision, the input of an attorney would be invaluable.  The search for such an attorney can be done via the internet and a review of websites.  You can also contact your local county bar association at it may have a referral program that will put you in touch with a local attorney well versed in such matters.                  
Answered on Jul 12th, 2012 at 5:19 PM

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